Letter of Mitigation £99 + VAT

All Magistrates’ Court offences where a personal attendance is not required

If you intend to plead guilty to an offence, and do not face a potential disqualification, the most effective way to do so is by post. Not only does it avoid a personal attendance, but it is also the cheapest way to dispose of a case. The letter of mitigation is your opportunity to put forward your plea for leniency but the quality of your written plea of mitigation can greatly effect the punishment imposed so it makes sense to present the best letter possible. There is a world of difference between a hastily hand written reply to the Summons and a properly prepared letter which covers all the relevant facts and puts forward a compelling mitigation argument. Motor Lawyers will draft a professional but personalised letter on your behalf which will result in far greater prospects of a reduced punishment on your behalf.

In order to prepare the letter, we will telephone you to discuss your case in detail. You should allow an hour for that conversation in order that we can establish the facts, ascertain all relevant issues and clarify with you everything that is pertinent to the case and your mitigation. Only once we are satisfied that all possible mitigation has been ascertained and considered, will we prepare a letter specifically for you. Our experience will often allow us to use to your benefit, issues that you had either not even thought of, or dismissed as irrelevant. The letter will be supplied to you as a Word/Adobe document for you to sign and forward to the Court.

If you intend to plead guilty by post, the cost of this service should pay for itself, as a properly prepared letter will have far greater impact on the Magistrates.

Can I plead guilty by post?

For the majority of Magistrates Court cases, the Defendant will be given the opportunity to plead guilty by post which also allows you the opportunity to enter a written plea of mitigation. This is clearly an attractive option if you do not want to attend the hearing and of course, that alone can result in a financial saving by avoiding a day off work.

If you are offered the opportunity to plead guilty by post, then we would recommend that you use this option. However, we do not recommend that you simply tick the guilty box and send the Summons back with your licence. Use the mitigation option in order to try to convince the Court that any punishment imposed should take into account your circumstances.

That said, if there is any risk of disqualification, the Court will probably reject the letter and demand a personal attendance. If you need assistance in preparing a letter of mitigation, Motor Lawyers can deal with this on your behalf. If, however, it is clear to us that a letter will not be accepted, we will recommend a Court hearing service to you as this will be your cheaper option if a personal attendance is inevitable.

Instant Ban

If you face disqualification by way of an instant ban, for example because the speed alleged is substantially in excess of the limit, the Court is unlikely to deal with the matter in your absence.

Although you may have been provided with standard documentation allowing you to enter a written plea, if there is no Statement of Facts accompanying the Summons, this is a clear indication that an attendance is required.

When am I likely to receive an immediate disqualification for speeding?

When travelling far in excess of the speed limit, there is risk of an immediate an, based on the speed recorded. Although the Courts around the country have their own local practices, by and large if you are more than 40% over the speed limit, you are at risk of an immediate disqualification, although there seems to be more tolerance when the speed limit broken is 30/40 mph.

Totting Up

If the punishment for the offence could result in you losing your licence under the "totting up" procedure, again the probability is that you will need to attend the hearing personally. Many Defendants are confused when the Summons offers the option of a written plea and this is then rejected by the Court. Normally, the reason for this is that when the Summons is issued, the Court is unaware of the number of points on the Defendant’s licence so has no reason to assume that there is any risk of disqualification which would result in the plea by post option being withdrawn. It is only when considering punishment that the Magistrates realise that there is a "totting up" risk whereupon they will normally adjourn the case in order to allow the Defendant to raise issues as to why a disqualification should not be imposed.